International Boundary Waters Treaty Act (R.S.C., 1985, c. I-17)

Act current to 2019-08-28 and last amended on 2014-07-01. Previous Versions

Licences and Prohibitions (continued)

General

Marginal note:Binding on Her Majesty

 Sections 11 to 13 are binding on Her Majesty in right of Canada or a province.

  • 2001, c. 40, s. 1

Marginal note:Application

 Sections 11, 12 and 13 do not apply in respect of uses, obstructions or diversions in existence immediately before the respective coming into force of those sections, but those sections do apply in respect of such uses, obstructions or diversions if significant changes occur to them after their respective coming into force.

  • 2001, c. 40, s. 1

Powers of Minister

Marginal note:Licence

 Subject to the regulations, the Minister may, on application, issue, renew or amend a licence to do any activity referred to in subsection 11(1) or 12(1), subject to any terms or conditions the Minister considers appropriate.

  • 2001, c. 40, s. 1

Marginal note:Transfer

 A licence is not transferable except with the consent of the Minister.

  • 2001, c. 40, s. 1

Marginal note:Suspension and revocation of licence

  •  (1) The Minister may suspend or revoke a licence whenever the Minister believes on reasonable grounds that the licensee has contravened this Act or a condition of the licence, but the licensee must first be given notice in writing by the Minister of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.

  • Marginal note:Consent of licensee

    (2) The Minister may also suspend or revoke a licence with the consent of, or on application by, the licensee.

  • 2001, c. 40, s. 1

Marginal note:Ministerial orders

  •  (1) If a person contravenes subsection 11(1), 12(1) or 13(1) or (2), the Minister may

    • (a) order the person to remove or alter any obstruction or work to which the contravention relates; or

    • (b) order the person to refrain from proceeding with any construction or other work, or to cease the use or diversion, to which the contravention relates.

  • Marginal note:Powers of Minister

    (2) If the person fails to comply with an order made under paragraph (1)(a) or (b), the Minister may remove or alter anything referred to in paragraph (1)(a) or used in relation to any activity referred to in paragraph (1)(b) or order it to be forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposition

    (3) Anything forfeited under subsection (2) may be removed, destroyed or otherwise disposed of as the Minister directs.

  • Marginal note:Costs recoverable

    (4) The Minister’s cost of removing or altering anything under subsection (2) and the costs of and incidental to the removal, destruction or disposition under subsection (3) of anything forfeited, less any sum that may be realized from its disposition, are recoverable by Her Majesty in right of Canada from the person who contravened the order made under subsection (1) as a debt due to Her Majesty in any court of competent jurisdiction.

  • 2001, c. 40, s. 1
  • 2013, c. 12, s. 5

Marginal note:Agreements with provinces

 The Minister may, with the approval of the Governor in Council, enter into an agreement or arrangement with the government of one or more provinces respecting the activities referred to in sections 11 to 13.

  • 2001, c. 40, s. 1

Administration and Enforcement

Designation

Marginal note:Power to designate

 For the purposes of the administration and enforcement of this Act, the Minister may designate persons or classes of persons to exercise powers in relation to any matter referred to in the designation, including, with the approval of a provincial government, persons or classes of persons who are authorized by that government to exercise powers and carry out functions with respect to bodies of water in the province.

  • 2013, c. 12, s. 6

Powers

Marginal note:Authority to enter

  •  (1) An inspector may, for the purpose of verifying compliance with this Act, enter a place, including a vehicle, in which they have reasonable grounds to believe an object to which this Act applies is located or an activity regulated by this Act is taking place.

  • Marginal note:Powers on entry

    (2) The inspector may, for that purpose,

    • (a) examine anything in the place;

    • (b) use any means of communication in the place or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place, or cause it to be used;

    • (f) remove anything from the place for examination or copying;

    • (g) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it;

    • (h) prohibit or limit access to all or part of the place;

    • (i) take samples of anything in the place; and

    • (j) conduct tests on, or take measurements of, anything in the place.

  • Marginal note:Dwelling-house

    (3) If the place is a dwelling-house, the inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant — dwelling-house

    (4) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection (1);

    • (b) entry to the dwelling-house is necessary to verify compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Use of force

    (5) In executing a warrant to enter a dwelling-house, an inspector may use force only if the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

  • Marginal note:Authority to issue warrant — non-dwelling-houses

    (6) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a place other than a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the place is a place referred to in subsection (1);

    • (b) entry to the place is necessary to verify compliance with this Act;

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused, that consent to entry cannot be obtained from the occupant, that entry cannot be effected without the use of force or that the place is abandoned; and

    • (d) all reasonable attempts were made to notify the owner, operator or person in charge of the place.

  • Marginal note:Waiving notice

    (7) The justice may waive the requirement to give notice under paragraph (6)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the justice’s jurisdiction or that it is not in the public interest to give the notice.

  • Marginal note:Stopping and detaining vehicles

    (8) For the purpose of verifying compliance with this Act, an inspector may, at any reasonable time, direct that any vehicle be stopped — or be moved, by the route and in the manner that they specify, to a specified place — and they may, for a reasonable time, detain that vehicle.

  • 2013, c. 12, s. 6

Marginal note:Authority of analyst

  •  (1) An analyst may, at an inspector’s request, accompany them into a place for the purpose of assisting them to verify compliance with this Act.

  • Marginal note:Powers on entry

    (2) The analyst may, for that purpose,

    • (a) examine anything in the place;

    • (b) take samples of anything in the place; and

    • (c) conduct tests on, or take measurements of, anything in the place.

  • 2013, c. 12, s. 6
 
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